Fraudulent representation?

Silver_Shark

Do you have the name and address of the person who did the work and was paid?

Same home address as the sole trader.  The business operates from a head office address elsewhere. That must be most unusual for a sole trader is it not?

comeandgo

Silver_Shark said:

Do you have the name and address of the person who did the work and was paid?

Same home address as the sole trader.  The business operates from a head office address elsewhere. That must be most unusual for a sole trader is it not?

Not unusual at all.  You seem to have a limited view of what a sole trader actually is, it is a tax term used to define how a person is treated by HMRC.  I knew one who had multi million turnover with over 50 employees and using sub contractors, head office premises and satellite offices, all totally legal.

Ergates

Silver_Shark said:

Do you have the name and address of the person who did the work and was paid?

Same home address as the sole trader.  The business operates from a head office address elsewhere. That must be most unusual for a sole trader is it not?

Ignore what you think is or isn't strange for a sole trader.

If you have the name and address for the person that was contracted to do the work, the person who was paid to do the work, the person who didn't do the work properly, then you have the information you need to take them to court if it comes to that.

Google how to write and send a letter before action to the person who hasn't done their job properly.

Silver_Shark

If you have the name and address for the person that was contracted to do the work, the person who was paid to do the work, the person who didn't do the work properly, then you have the information you need to take them to court if it comes to that.

Google how to write and send a letter before action to the person who hasn't done their job properly.

Thank you.

Murphybear

We got a quote from a tradesman for paving our sloped drive and building a stepped wall.  The quote was a bit high but nothing we couldn’t afford we couldn’t find anyone else to do it so we agreed.  He said he didn’t want any money until the job was done and we were happy with it.  When we came to pay he said the amount we agreed to didn’t include VAT but he would do it for that amount if we paid cash.  Bit dodgy we thought but we paid cash as it was expensive so the extra for VAT was a lot.  

Although we weren’t happy with his business ethics the drive and wall were stunning  .  He had done an amazing job.  When we came to sell the bungalow a couple of years later the first viewers bought it, they loved the drive and pretty little wall 

Silver_Shark

EssexHebridean said:

I think we may be at cross purposes here.

OP - are you saying that you believe the person who came and did the jobs and took your husband's money was claiming to be from the business which had been looked into and assessed as solid and reliable, but in fact you now believe that they weren't, they were simply using that business's name and reputation? 

The person who did the jobs and took my husband's money is on a social media website claiming to be the proprietor of the business. The reason I originally asked if it is false representation as I went on to discover he is not the registered owner of the business but a family member and a dishonest one at that. He refused to return when things went wrong with the second job.

Ergates

Murphybear said:

We got a quote from a tradesman for paving our sloped drive and building a stepped wall.  The quote was a bit high but nothing we couldn’t afford we couldn’t find anyone else to do it so we agreed.  He said he didn’t want any money until the job was done and we were happy with it.  When we came to pay he said the amount we agreed to didn’t include VAT but he would do it for that amount if we paid cash.  Bit dodgy we thought but we paid cash as it was expensive so the extra for VAT was a lot.  

Although we weren’t happy with his business ethics the drive and wall were stunning  .  He had done an amazing job.  When we came to sell the bungalow a couple of years later the first viewers bought it, they loved the drive and pretty little wall 

You realise you just openly admitted to breaking the law there....?

user1977

Silver_Shark said:

EssexHebridean said:

I think we may be at cross purposes here.

OP - are you saying that you believe the person who came and did the jobs and took your husband's money was claiming to be from the business which had been looked into and assessed as solid and reliable, but in fact you now believe that they weren't, they were simply using that business's name and reputation? 

The person who did the jobs and took my husband's money is on a social media website claiming to be the proprietor of the business. The reason I originally asked if it is false representation as I went on to discover he is not the registered owner of the business but a family member and a dishonest one at that. He refused to return when things went wrong with the second job.

If the business is a sole trader then there is no such thing as a "registered" owner, so are we talking at cross-purposes?

But in any event, if it's a member of their immediate household then it sounds like a pretty normal family business, whatever the legal background. Not sure where the "fraud" comes into it. If you call Bloggs Plumbers, I doubt most people care whether it's Bloggs Senior or Bloggs Junior who turns up.

This all seems a distraction if the actual complaint is the poor standard of work.

Okell

Ergates said:

Murphybear said:

We got a quote from a tradesman for paving our sloped drive and building a stepped wall.  The quote was a bit high but nothing we couldn’t afford we couldn’t find anyone else to do it so we agreed.  He said he didn’t want any money until the job was done and we were happy with it.  When we came to pay he said the amount we agreed to didn’t include VAT but he would do it for that amount if we paid cash.  Bit dodgy we thought but we paid cash as it was expensive so the extra for VAT was a lot.  

Although we weren’t happy with his business ethics the drive and wall were stunning  .  He had done an amazing job.  When we came to sell the bungalow a couple of years later the first viewers bought it, they loved the drive and pretty little wall 

You realise you just openly admitted to breaking the law there....?

I'll admit I'm not 100% certain, but I'm not sure that the customer is necessarily committing an offence if they pay cash and don't get charged VAT?

I think any offence is solely the trader's responsibility.  I'm not convinced that there is a legal responsibility on the part of the consumer to pay VAT.

Happy to be corrected...

user1977

Okell said:

Ergates said:

Murphybear said:

We got a quote from a tradesman for paving our sloped drive and building a stepped wall.  The quote was a bit high but nothing we couldn’t afford we couldn’t find anyone else to do it so we agreed.  He said he didn’t want any money until the job was done and we were happy with it.  When we came to pay he said the amount we agreed to didn’t include VAT but he would do it for that amount if we paid cash.  Bit dodgy we thought but we paid cash as it was expensive so the extra for VAT was a lot.  

Although we weren’t happy with his business ethics the drive and wall were stunning  .  He had done an amazing job.  When we came to sell the bungalow a couple of years later the first viewers bought it, they loved the drive and pretty little wall 

You realise you just openly admitted to breaking the law there....?

Happy to be corrected...

I would guess there is some sort of "aiding and abetting" offence among the tax legislation, but in the real world I doubt it gets used in this sort of scenario.